ROG:
Not sure on the second point - can I have some help please
If the driver is not being paid to sit a training course then it is not classed as other work
I’m not sure if that is true if the company is paying for the course but not the drivers time - I will ask coffeeholic or tachograph or geebee45.
If the company are paying for the training I would say that you’re definitely at the disposal of the company regardless of weather or not you’re being paid, the training is part of the commercial operation and you’re not really able to freely dispose of your time, so I would say it is other work.
ROG:
Not sure on the second point - can I have some help please
If the driver is not being paid to sit a training course then it is not classed as other work
I’m not sure if that is true if the company is paying for the course but not the drivers time - I will ask coffeeholic or tachograph or geebee45.
If the company are paying for the training I would say that you’re definitely at the disposal of the company regardless of weather or not you’re being paid, the training is part of the commercial operation and you’re not really able to freely dispose of your time, so I would say it is other work.
You don’t seem certain on this point so I’ll wait for another opinion - thanks
ROG:
You don’t seem certain on this point so I’ll wait for another opinion - thanks
Hi ROG, This might help…
In the manual of practice for teaching the ADR course it states:
7.12
“Time spent attending a course is likely to affect the amount of driving or other work they [drivers] may undertake under the drivers’ hours regulations.”
11.4
“Providers must point out to drivers and employers that the course requires the driver to be on duty, and the implications of this for the drivers’ hours regulations.”
I have to cover this on a Monday morning during the course introduction and this point is specifically looked for during a verification visit by one of the external verifiers. The joining letter that the provider sends to the drivers’ employers is also supposed to contain this information.
The point about the implications of drivers’ hours is to be considered when a driver attends an ADR course when instructed to do so by their employer, since that amounts to a ‘reasonable instruction’ under a driver’s contract of employment. My own opinion on this is that the driver is not booking driving hours, POA or rest, so I’d imagine that it has to be counted as ‘duty time.’
ROG:
Ok, my fault, I should have put this better and with more info.
DRIVER - Boss, I ain’t doing this cpc thing it costs too much
BOSS - OK, you find a course and i’ll pay for it.
Is it other work
That would be job related training then, so would be other work, especially as the company are paying for the training.
Surely the driver, a company driver it seems, is not going to do that in his own time, is he? He would be doing it in place of his regular duties and be paid his hours would he not?
ROG:
Ok, my fault, I should have put this better and with more info.
DRIVER - Boss, I ain’t doing this cpc thing it costs too much
BOSS - OK, you find a course and i’ll pay for it.
Is it other work
That would be job related training then, so would be other work, especially as the company are paying for the training.
Surely the driver, a company driver it seems, is not going to do that in his own time, is he? He would be doing it in place of his regular duties and be paid his hours would he not?
I do see your point but this may happen - it has to me in the past - and it could (unlikely) be possible that an agency might do something similar.
If the driver wanted to do a PDCPC course and the boss said that he is under no legal obligation to pay for the drivers time or the course (which seems to be the case under the DCPC regs) then the boss might go part way and pay the course fee.
In that case, the boss has not TOLD the driver to do it which is why I wondered if it was ‘other work’ for the tacho regs.
How this work out with employment law I have no idea…
ROG:
If the driver wanted to do a PDCPC course and the boss said that he is under no legal obligation to pay for the drivers time or the course (which seems to be the case under the DCPC regs) then the boss might go part way and pay the course fee.
In that case, the boss has not TOLD the driver to do it which is why I wondered if it was ‘other work’ for the tacho regs.
OK, I’ll say this one more time, slowly.
I t… i s… jo b… r e l a t e d… t r a i n i n g… s o… w i l l… b e… o t h e r… w o r k… f o r… t h e… t a c h o… a n d… W T D… r e g u l a t i o n s.
ROG:
If the driver wanted to do a PDCPC course and the boss said that he is under no legal obligation to pay for the drivers time or the course (which seems to be the case under the DCPC regs) then the boss might go part way and pay the course fee.
In that case, the boss has not TOLD the driver to do it which is why I wondered if it was ‘other work’ for the tacho regs.
OK, I’ll say this one more time, slowly.
I t… i s… jo b… r e l a t e d… t r a i n i n g… s o… w i l l… b e… o t h e r… w o r k… f o r… t h e… t a c h o… a n d… W T D… r e g u l a t i o n s.
OK - got it - no matter who pays for it or whether the driver is being paid or not - it is OTHER WORK,
That means that a driver CANNOT do it on a day off and claim it is on their own time - thanks
This is contrary to what a lot have thought of doing to get around the rest reduction if doing the DCPC on a Saturday for example.